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Hawaii Revised Statutes

Haw. Rev. Stat. § 667-21 (2026)

 

✓ current as of July 2026
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PART II.  POWER OF SALE FORECLOSURE PROCESS

 

Note

 

  Part heading amended by L 2012, c 182, §3(7).

 

Law Journals and Reviews

 

  Hawai‘i 2000 Report Regarding Lawyers' Opinion Letters in Mortgage Loan Transactions.  22 UH L. Rev. 347 (2000).

 

     §667-21  Power of sale process.  The power of sale process in this part is an alternative to the foreclosure by action in part IA. [L 1998, c 122, pt of §1; am L 2011, c 48, §20; am L 2012, c 182, §15]

 

 

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2005–2024 · leading case: Lee v. Hsbc Bank USA, 218 P.3d 775 (Haw. 2009).
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Lee v. Hsbc Bank USA, 218 P.3d 775 (Haw. 2009). · cites it 5× “See HRS §§ 667-21, et seq. (Supp.2008). The legislative history behind this alternative process gives some insight into the purposes behind HRS section 667-5.”
Sakal v. Ass'n of Apt. Owners of Hawaiian Monarch, 426 P.3d 443 (Haw. App. 2018). · cites it 8× “*449 Prior to 2012, from the time that Part II was added to HRS chapter 667, 9 the definitions for "power of sale" or "power of sale foreclosure" were stated in HRS § 667-21 (Supp. 2011), which was the first provision in Part II of HRS chapter 667, rather than in HRS § 667-1.”
Aames Funding Corp. v. Mores, 110 P.3d 1042 (Haw. 2005). · cites it 2× “See HRS § 667-21 (Supp.1998) (defining “power of sale foreclosure” as “a nonjudicial foreclosure”).”
Kondaur Capital Corp. v. Matsuyoshi., 361 P.3d 454 (Haw. 2015). · cites it 2× “Additionally, HRS §§ 667-25, 667-29, 667-30, and 667-31 (Supp.2008) specify requirements that a mortgagee must follow in conducting the foreclosure sale, including a requirement that the sale must be in the same county as where the property is located, unless the parties consent…”
Wong v. Ass'n of Apt. Owners of Harbor Square., 545 P.3d 547 (Haw. 2024). · cites it 2× “Laws Act 182, § 50 at 684; HRS §§ 667-21 to 667-42 (Part II). Part I permitted mortgagees with a power of sale to conduct non-judicial foreclosures and property auctions.”
Sakal v. Ass'n of Apt. Owners of Hawaiian Monarch. (Haw. 2020). · cites it 4× “In this case, neither the Notice of Association’s Non-Judicial Foreclosure Under Power of Sale nor the Grantor’s Affidavit of Non-Judicial Foreclosure Under Power of Sale are included in the record on appeal. Sakal’s complaint, however, indicates that the notice stated the AOAO…”
Galima v. Ass'n of Apt. Owners of Palm Court (D. Haw. 2020). · cites it 4× “See Haw. Rev. Stat. §§ 667-21 to 667-41, 667-91 to 667-104.”
Malabe v. Ass'n of Apt. Owners of Exec. Centre. (Haw. 2020). · cites it 2× “) 6 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER *** through HRS § 667-5 to circumvent the consumer protection provisions contained in HRS §§ 667-21 through 667-42 (Supp. 2008).”
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